Operator agreement

1. Who this agreement is between

This agreement is between the company that subscribes to Ironcare (“the dealer”, the responsible party) and EzeMind AI (Pty) Ltd (“EzeMind”, the operator). It applies to all personal information the dealer processes in Ironcare (“dealer personal information”), and forms part of the terms of service. It is the written contract that section 21 of the Protection of Personal Information Act, 2013 (POPIA) requires.

2. Processing only on the dealer’s instructions

EzeMind processes dealer personal information only to provide Ironcare and the support the dealer asks for, and only on the dealer’s instructions: this agreement, the terms of service, how the dealer sets up and uses Ironcare, and its written requests.

EzeMind doesn’t use dealer personal information for its own purposes, doesn’t sell it, and tells the dealer if it believes an instruction would break POPIA.

3. Confidentiality

Everyone at EzeMind who can reach dealer personal information is bound to keep it confidential, and reaches it only when needed to support the dealer. What they do in Ironcare is recorded in its audit trail.

4. Security measures

As section 19 of POPIA requires, EzeMind keeps appropriate technical and organisational measures in place, including:

• each dealer’s records kept apart by row-level security in the database, with boundaries tested automatically on every change;
• documents encrypted with AES-256-GCM and scanned for malware before anyone can open them;
• encrypted connections, and a PIN by email at every sign-in, for everyone;
• an audit trail that can only be added to, with signed checkpoints kept outside the database;
• encrypted backups every hour, kept for 30 days, and a restore drill every week;
• separate live, test and development systems, with separate databases, keys and credentials.

The security page describes these measures in more detail. EzeMind may improve them, but won’t lower the overall level of protection.

5. Security compromises

If EzeMind has reasonable grounds to believe that dealer personal information has been accessed or acquired by an unauthorised person, it tells the dealer without undue delay, and in any event within 48 hours of becoming aware of it, as section 22 of POPIA requires. It gives the dealer what it knows and needs to notify the Information Regulator and the people affected, and helps contain and investigate the compromise.

The dealer, as the responsible party, decides on and makes the notifications POPIA requires.

6. Sub-operators

EzeMind uses one sub-operator today:

• Host Africa (Pty) Ltd: hosting of the Ironcare server in a Johannesburg data centre, South Africa.

EzeMind tells the dealer at least 30 days before adding or replacing a sub-operator. If the dealer objects on reasonable grounds, it may end the agreement before the change. EzeMind binds every sub-operator to protection at least equal to this agreement.

7. No transfers outside South Africa

Dealer personal information is kept in South Africa. EzeMind doesn’t transfer it to another country without the dealer’s written agreement and the protection section 72 of POPIA requires.

8. Helping the dealer

Ironcare lets the dealer correct the details of a client’s contact person, record their privacy notice and consent, and anonymise their details on an approved request, including in the free text of every case.

EzeMind passes on any request it receives from a person whose information the dealer holds, and helps the dealer answer requests and meet its POPIA duties where it reasonably can.

9. When the agreement ends

When the subscription ends, EzeMind returns and deletes dealer personal information as the terms of service describe: a copy on request within 30 days, deletion from the live service within the next 30 days, and from encrypted backups as they expire.

10. Information and audits

EzeMind gives the dealer the information it reasonably needs to show that this agreement is kept. The dealer may audit compliance once a year, at its own cost, with 30 days’ notice and under a confidentiality agreement, without access to other dealers’ data.

11. Liability and duration

The limits of liability in the terms of service apply to this agreement as far as the law allows. This agreement applies for as long as EzeMind processes dealer personal information.

12. Contact

Questions about this agreement, or a security concern: